Legal Question in Civil Litigation in California

threatening statements

can someone sue you if they tell you they would like to kick your ass and then you tell them the same thing.


Asked on 8/03/08, 8:35 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: threatening statements

Anyone can sue for anything. Whether they'll win (or even get past first base) is another story.

The other person would probably be claiming assault -- the apprehension of imminent harm. If the defendant said something to the effect that "I would like to . . .," that's not the same thing as saying, "I am now going to . . ."

Good luck!

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Answered on 8/03/08, 12:44 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: threatening statements

If someone offers to kick your ass, there may be better responses than merely "telling them the same thing." A lawyer might treat the initial offer of an ass-kicking as a negotiation:

Vinny Gambini: I understand you played a game of pool with Lisa for $200, which she won. I'm here to collect.

J.T.: How 'bout if I just kick your ass?

Vinny Gambini: Oh, a counter-offer. That's what we lawyers - I'm a lawyer - we lawyers call that a counter-offer. This is a tough decision here. Get my ass kicked or collect $200. Let me think... I could use a good ass-kickin', I'll be very honest with you... nah, I think I'll just go with the two hundred.

J.T.: Over my dead body.

Vinny Gambini: You like to renegotiate as you go along, don't you? Well here's my counter-offer... do I have to kill you? What if I were just to kick the ever loving shit out of you?

J.T.: In your dreams.

Vinny Gambini: Oh no no... in reality. If I was to kick the shit out of you, do I get the money?

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Answered on 8/03/08, 2:38 pm
Robert Mccoy Law Office Of Robert McCoy

Re: threatening statements

You could each get restraining orders against each other and sue each other for harrassment and intentional infliction of emotional distress. But I like Michael Stone's response better.

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Answered on 8/04/08, 8:08 pm


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